Dismissed¶51

N N Mahadeva v. the Divisional Controller

Karnataka HC6 Nov 2025WA/1112/2024

Case brief

AI extract

What is this about?

KSRTC conductor dismissal upheld; 122 prior ticketless-dishonesty cases; Labour Court award (withholding of two increments) overturned via W.P.No.55722/2017; Regulation 25 KSRTC (Conduct and Discipline) Regulations, 1971; Section 10(4-A) Industrial Disputes Act 1947; WA No. 1112 of 2024, decided 06.11.2025, High Court of Karnataka, bench D K Singh and Tara Vitasta Ganju.

What did the court decide?

This Court affirms the view taken by the learned Single Judge that the appellant-workman had committed the similar dishonest act of not issuing tickets to passengers 122 times and cannot be retained in service. ¶50

N N Mahadeva Vs the Divisional Controller — Karnataka HC (2025) — LawSathi Research

¶1

¶2

NC: 2025:KHC:45317-DB WA No. 1112 of 2024

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF NOVEMBER, 2025

¶5

PRESENT

¶6

THE HON'BLE MR. JUSTICE D K SINGH AND

¶7

THE HON'BLE MS. JUSTICE TARA VITASTA GANJU

¶8

WRIT APPEAL NO. 1112 OF 2024 (L-KSRTC)

¶9

BETWEEN:

¶10

N N MAHADEVA S/O NINGE GOWDA, AGED ABOUT 48 YEARS, R/O NAVILOOR VILLAGE, ALANAHALLI POST, PIRIYAPATNA TALUK MYSORE DISTRICT 571127

¶11

…APPELLANT

¶12

(BY SRI. SHEKAR L., ADVOCATE)

¶13

AND:

¶14

THE DIVISIONAL CONTROLLER KSRTC, MYSURU RURAL DIVISION, DIVISION OFFICE BANNIMANTAP ROAD, MYSURU HEREIN REPRESENTED BY THE CHIEF LAW OFFICER, KSRTC CENTRLA OFICES, K H ROAD, SHANTINAGAR, BANGALORE 560027

¶15

…RESPONDENT

¶16

(BY SMT. H.R.RENUKA, ADVOCATE)

¶17

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED SINGLE JUDGE IN

¶18

¶19

NC: 2025:KHC:45317-DB WA No. 1112 of 2024

¶20

HC-KAR

¶21

WP NO.55722/2017 DATED 27/05/2024 AND CONSEQUENTLY DISMISS THE WRIT PETITION FILED BY THE RESPONDENT.

¶22

THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶23

CORAM: HON'BLE MR. JUSTICE D K SINGH

¶24

and

¶25

HON'BLE MS. JUSTICE TARA VITASTA GANJU

¶26

ORAL JUDGMENT

¶27

(PER: HON'BLE MR. JUSTICE D K SINGH)

¶28

The present writ appeal has been filed by the

¶29

appellant-workman impugning the judgment and order dated 27.05.2024 passed by the learned Single Judge in W.P.No.55722/2017 filed by the KSRTC.

¶30

Despite service of notice, the appellant-

¶31

workman did not appear before the learned Single Judge and this fact has been noted in paragraph 2 of the impugned judgment.

¶32

The facts as noted in the impugned judgment are that the appellant-workman was working as a conductor in Karnataka State Road Transport Corporation (KSRTC). On 27.01.2013, he was on duty in the KSRTC

¶33

3 - NC: 2025:KHC:45317-DB WA No. 1112 of 2024

¶34

HC-KAR

¶35

bus bearing registration No.KA-09/F-1427 that was plying

¶36

on route No.85AB from Gonikoppa to B.Shettageri. When the checking squad of the KSRTC bus boarded the bus to check the tickets of the passengers, it was found that there were 31+00+00 passengers traveling in the bus and the appellant-workman had failed to issue tickets to three passengers amongst 31 passengers who were traveling from Gonikoppa to B.Shettageri and had not collected Rs.17/- from each of the three passengers amounting to Rs.51/-. A detailed report was submitted by the checking squad of the KSRTC. The charge sheet was issued against

¶37

the appellant-workman. The Inquiry Officer in the report

¶38

has stated that in the past the appellant-workman has been found committing the similar act for 122 times for which minor punishments have been imposed to rectify lapses. The appellant-workman was issued with the second show cause notice along with the findings of the Inquiry Officer and the past history of 122 similar cases. The Disciplinary Authority after considering the reply given

¶39

4 - NC: 2025:KHC:45317-DB WA No. 1112 of 2024

¶40

HC-KAR

¶41

by the appellant-workman to the show cause notice, passed the order of punishment of dismissal from service.

¶42

The appellant-workman challenged the said dismissal order by filing a Claim Petition under Section 10(4-A) of the Industrial Disputes Act, 1947 before the Labour Court, Mysuru in I.I.D.No35/2015. The Labour Court vide order dated 07.06.2017, modified the order of dismissal from service to withholding of two increments of the appellant-workman with cumulative effect.

¶43

Being aggrieved by the said award of the Labour Court, the KSRTC had filed W.P.No.55722/2017. The learned Single Judge, having considered Regulation 25 of the KSRTC (Conduct and Discipline) Regulations, 1971 as well as the history of the appellant-workman of 122 similar cases, has held that such dishonest person cannot be retained in service.

¶44

We have considered the submissions advanced

¶45

by the learned counsel for the parties and also perused the

¶46

5 - NC: 2025:KHC:45317-DB WA No. 1112 of 2024

¶47

HC-KAR

¶48

impugned judgment and order passed by the learned Single Judge as well as the award passed by the Labour Court.

¶49

We affirm the view taken by the learned Single

¶50

Judge that the appellant-workman had committed similar dishonest act of not issuing tickets to the passengers for 122 times and he cannot be retained in service. Therefore,

¶51

we find no substance in this appeal. Accordingly, the writ

¶52

appeal stands dismissed .

¶53

Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNTAKA (D K SINGH) JUDGE

¶54

Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA

¶55

(TARA VITASTA GANJU) JUDGE

¶56

RKA List No.: 1 Sl No.: 4